Splitting marital home stress

monty-doggy

Hello
i have today been to see a solicitor about splitting the equity in a joint owned house with my ex wife. She’s claiming 100% of the equity and I’ve suggested 50/50
my solicitor has advised that the court will want to see both sides financial status.
we have been split up for 16 years and she has never really worked (part time on and off)
and now her and her husband don’t work and claim benefits. 

I have always maintained a full time job and built up zero debt.

my solicitor advised that the court will look at each parties needs and make
their award accordingly and the fact that she doesn’t work and I do will go
in her favour.  How is that fair?! She’s never had any intention of working even though she’s more than capable! 

tightauldgit

This would probably have been better in your existing thread.

Courts are not in the business of making people homeless so the priority is making sure that both parties have enough to house themselves in the future and to live. As a married couple you earned and spent as a couple so you can't really say 'i worked and she didn't' - she's also entitled to a share of any other assets such as your pension or savings. 

Given the status of you both it probably wasn't that smart to let things fester for 16 years but I guess you are where you are. 

monty-doggy

tightauldgit said:

This would probably have been better in your existing thread.

Courts are not in the business of making people homeless so the priority is making sure that both parties have enough to house themselves in the future and to live. As a married couple you earned and spent as a couple so you can't really say 'i worked and she didn't' - she's also entitled to a share of any other assets such as your pension or savings. 

Given the status of you both it probably wasn't that smart to let things fester for 16 years but I guess you are where you are. 

She’s been re married however many years and Still never worked, I can’t see how that’s fair that I’m responsible? We were married for 12 months before we split up. 

Pollycat

For context, this is the OP's earlier thread:
Splitting equity and arrears help please! - Page 3 — MoneySavingExpert Forum

saveallmymoney

If this solicitor hasn't realised that she has remarried and therefore can't make a claim for a financial order he isn't any good, get another one.

tightauldgit

monty-doggy said:

tightauldgit said:

This would probably have been better in your existing thread.

Courts are not in the business of making people homeless so the priority is making sure that both parties have enough to house themselves in the future and to live. As a married couple you earned and spent as a couple so you can't really say 'i worked and she didn't' - she's also entitled to a share of any other assets such as your pension or savings. 

Given the status of you both it probably wasn't that smart to let things fester for 16 years but I guess you are where you are. 

She’s been re married however many years and Still never worked, I can’t see how that’s fair that I’m responsible? We were married for 12 months before we split up. 

The remarried bit makes a difference. She cant apply for an order if she's remarried. 

monty-doggy

saveallmymoney said:

If this solicitor hasn't realised that she has remarried and therefore can't make a claim for a financial order he isn't any good, get another one.

Would that mean she can’t take any of my 50%?

I think the solicitor was aware she’s re married as we mentioned her husband wants to stake a claim as he’s lived there too! (She said he has no chance)
she said that they will have to declare their financial information and so will I. Neither of them ‘work’ but both work cash in hand so on paper they can lie about their situation. Both claim benefits and I have always worked, it seems the solicitor was suggesting that because they don’t work their housing need is greater than mine as I have more earnings! Shocking! 

Pollycat

monty-doggy said:

saveallmymoney said:

If this solicitor hasn't realised that she has remarried and therefore can't make a claim for a financial order he isn't any good, get another one.

Would that mean she can’t take any of my 50%?

I think the solicitor was aware she’s re married as we mentioned her husband wants to stake a claim as he’s lived there too! (She said he has no chance)
she said that they will have to declare their financial information and so will I. Neither of them ‘work’ but both work cash in hand so on paper they can lie about their situation. Both claim benefits and I have always worked, it seems the solicitor was suggesting that because they don’t work their housing need is greater than mine as I have more earnings! Shocking! 

You need to be sure that the solicitor had all the facts when she was giving you advice. Not just 'think' she was aware.
I'd guess that yours is quite an unusual situation.

monty-doggy

To be honest I feel sick to the stomach that it was suggested I’m in a better position because I work and pay my taxes. 

Working doesn’t pay does it?! 

tightauldgit

monty-doggy said:

To be honest I feel sick to the stomach that it was suggested I’m in a better position because I work and pay my taxes. 

Working doesn’t pay does it?! 

You ARE in a better position because you work. Which is kind of because working pays.

tightauldgit

monty-doggy said:

saveallmymoney said:

If this solicitor hasn't realised that she has remarried and therefore can't make a claim for a financial order he isn't any good, get another one.

Would that mean she can’t take any of my 50%?

It means she can't file for any financial order as any application would be dismissed by the court. It doesn't stop you filing for a financial order if you believe it would be the right thing to do, but she can't.  

Check with you solicitor what happens when a property is sold and there is no financial order relating to the sharing of proceeds - but if it's jointly owned and both names are on the title then I can only imagine that proceeds would be split 50/50. If only your name or her name was on the title you/they would get it all I think. 

Normally its recommended to sort out your finances before remarrying for that reason.